Klein v. 17121 Jade Ocean Condo, LLC
In a residential landlord-tenant bench trial, the Third DCA affirmed awards for unpaid rent (rejecting the tenants' expert's hypothetical diminished-value testimony) and for actual repair costs, but reversed the awards for damaged-beyond-repair dining chairs and missing household goods. The landlord proved only the internet list prices of identical brand-new replacement items, which is not competent substantial evidence of the property's fair market value at the time of loss.
Key facts
- Landlord sued tenant for unpaid rent and damage to rental unit property, including dining chairs and household goods; bench trial held in residential landlord-tenant dispute.
- Trial court awarded damages for unpaid rent and actual repair costs, but also awarded damages for damaged-beyond-repair dining chairs and missing household goods based on internet list prices of identical brand-new replacement items.
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Why it matters
A clean, citable reminder that internet 'brand-new replacement' pricing is legally insufficient proof of personal property damages — useful to defense counsel in landlord-tenant, conversion, and property-loss cases, and… — full analysis with a trial
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